An entire agreement clause that excludes prior understandings, agreements, representations or warranties does not, without more precise language, exclude terms properly implied on construction of the agreement itself. A court remains ordinarily reluctant to imply a duty of good faith that extends beyond a contracting party's duty to act reasonably in performance and enforcement of a contract. Where a defamation judge assesses damages globally under s 39 of the Defamation Act 2005 across multiple causes of action, the judgment is vulnerable on appeal if any imputation cannot be sustained, because the basis of the award is undermined to an indeterminable extent. The question whether deterrence is a permissible component of aggravated compensatory damages in defamation was left open.
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